The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Child safety zone.
A premises where children commonly gather, including, without limitation, a playground, public park, open green space, school, day-care facility, video arcade facility, public or private youth center, or public swimming pool, as those terms are defined in section 481.134 of the Texas Health and Safety Code and section 341.906 of the Texas Local Government Code, or any other facility that regularly holds events primarily for children.
Child.
A person younger than 17 years of age, in accordance with section 22.011(c)(1) of the Texas Penal Code.
Database.
The Texas Department of Public Safety Sex Offender database.
Permanent residence.
A place where the person abides, lodges, or resides for fourteen (14) or more consecutive days.
Premises.
Real property and all buildings and appurtenances pertaining to real property.
Sex offender.
A person who is required to register on the Texas Department of Public Safety's sex offender database because of a violation involving a victim who was less than sixteen (16) years of age. It shall be prima facie evidence that this article applies to a sex offender if the person's record as it appears on the Texas Department of Public Safety's sex offender database indicates that the victim was less than sixteen (16) years of age.
Temporary residence.
A place where the person abides, lodges, or resides for fewer than fourteen (14) days or fourteen (14) or more days in the aggregate during any calendar year and which is not the person's permanent residence, or a place where the person routinely abides, resides, or lodges for a period of four or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence.
(Ordinance 010923 adopted 1/10/2023)
(a) 
It is unlawful for a sex offender to establish a permanent residence or temporary residence within 1,000 feet of any child safety zone in the city.
(b) 
It is unlawful for a sex offender to go in or on any property within 1,000 feet of a child safety zone in the city.
(Ordinance 010923 adopted 1/10/2023)
(a) 
It shall be prima facie evidence that this article applies to a person if that person's information appears on the database.
(b) 
For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the property lot line of the permanent or temporary residence to the nearest property lot line of the child safety zone, as defined herein.
(c) 
A map depicting the prohibited areas, attached to Ordinance 010923 as exhibit A and incorporated herein for all purposes, shall be maintained by the city and shall be reviewed and updated annually for changes. The map shall be available to the public for inspection at the city's police department and shall be made available to the public on the city's official website.
(d) 
Nothing in this article shall be interpreted to modify or reduce the state's child safety ban.
(Ordinance 010923 adopted 1/10/2023)
It is an affirmative defense to prosecution under this article that any of the following conditions apply:
(1) 
The person established the permanent or temporary residence and has complied with all of the sex offender registration laws of the state, prior to the date of the adoption of this article;
(2) 
The person required to register on the database was a minor when he/she committed the offense and was not convicted as an adult;
(3) 
The person required to register on the database is a minor;
(4) 
The child safety zone within 1,000 feet of the person's permanent or temporary residence became a child safety zone after the person required to register on the database established the permanent or temporary residence and complied with all sex offender registration laws of the state;
(5) 
The person proves that the information on the database is incorrect and that, if corrected, this article would not apply to the person;
(6) 
The person has been exempted by a court order from registration as a sex offender under chapter 62 of the Texas Code of Criminal Procedure;
(7) 
The person has been exempted by a court order from registration as a sex offender for which the sex offender registration was required to be reversed on appeal or pardoned;
(8) 
The person's duty to register on/in the database has expired;
(9) 
The person was in, on, or within 1,000 feet of a child safety zone for a legitimate purpose. A legitimate purpose includes:
(A) 
Transportation of a child that the registered sex offender is legally permitted to be with;
(B) 
Transportation to and from the registered sex offender's work; and
(C) 
Other work-related purposes.
(Ordinance 010923 adopted 1/10/2023)
(a) 
A sex offender who established residency in a residence located within 1,000 feet of a child safety zone before the adoption of this article is exempt from this article. This exemption only applies to:
(1) 
Areas necessary for the sex offender to have access to and to live in the residence; and
(2) 
The period the sex offender maintains residency in the residence.
(b) 
A person subject to this article may apply for an exemption from the child safety zone distance requirements by submitting a written request in writing to the city council specifying the background, reason, and scope of the requested exemption. City council may authorize the city manager or police chief to review the application and make recommendations on the application. The city council may seek additional exemption within 10 business days from date the city council meets to determine the application. City council decisions relating to application requests are within the sole discretion of the council, and the council's decision as to any such request is final.
(Ordinance 010923 adopted 1/10/2023)
(a) 
Any person that violates any provision of this article shall be deemed guilty of a class C misdemeanor and, upon conviction, shall be subject to a fine not to exceed five hundred dollars ($500.00) for each offense, and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
(b) 
The city shall have the power to administer and enforce the provisions of this article as may be required by governing law. If the city council determines that a violation of this article creates a threat to the public safety, the city is authorized to bring suit in district court to enjoin the person from engaging in the prohibited activity. The city is not required to give bond as a condition to the issuance of injunctive relief.
(Ordinance 010923 adopted 1/10/2023)